§ 5-15. Protection of nesting turtles.

(a)

Definitions. The following words and phrases shall have the meaning as defined in this section:

(1)

Artificial light or artificial lighting means the light emanating from any human-made device.

(2)

Bug light means any light that is marketed as being specifically treated in such a way so as to reduce the attraction of insects to the light.

(3)

Cumulative beach illumination means artificial light sources that, as a group, illuminate any portion of the surface of the beach, and the illumination is sufficiently strong to cast a shadow on the surface of the beach on a moonless night.

(4)

Direct beach illumination means illumination of the beach, or any portion thereof, by artificial light or reflectors, in which the light source or reflector is visible from the surface of the beach and the illumination is sufficiently strong to cast a shadow on the surface of the beach on a moonless night.

(5)

Dune means a mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and deposited by any natural or artificial mechanism.

(6)

Ground-level barrier means any vegetation, natural feature or artificial structure rising from the ground which prevents artificial lighting from shining directly onto the beach/dune system.

(7)

Hatchling(s) means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.

(8)

Illumination means brightening as a result of artificial light.

(9)

Indirect beach illumination means illumination of the beach, or any portion thereof, by artificial light or reflectors, in which the light source or reflector is not visible from the surface of the beach, but the illumination is sufficient to cast a shadow on the surface of the beach on a moonless night.

(10)

Interior lighting means any light fixture or point source of light which is located within an enclosed structure.

(11)

Lighting fixture means an artificial light source composed of lamp(s), reflector(s), globe(s), and other elements necessary to produce and direct light.

(12)

Low-profile light fixture means any light fixture set on a base, where the point source of light is no higher than forty-eight (48) inches off the ground, and is designed in such a way that light is directed downward from a hooded light source.

(13)

Marine turtle(s) means any specimen belonging to the species Caretta caretta (loggerhead turtle) Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle), or any other marine turtle using St. Johns County beaches as a nesting habitat.

(14)

Nest means an area where marine turtle eggs have been naturally deposited or subsequently relocated.

(15)

Nesting season means the period from June 1 through September 30 of each year.

(16)

Nighttime or night means the period between 10:00 p.m. and 5:00 a.m.

(17)

Point source of light means the actual light source such as the bulb, fluorescent tube, lamp, etc., from which light emanates.

(18)

Pole light means any light fixture, set on a base or pole where the point source of light is higher than forty-eight (48) inches off the ground.

(19)

Primary dune means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has substantial vegetation, height, continuity and configuration.

(20)

Tinted glass means any glass treated to achieve an industry approved inside to outside light transmittance value of forty-five (45) percent or less. Such transmittance is limited to the visible spectrum 400—700 nanometers) and measured as the percentage of light that is transmitted through the glass.

(21)

Window treatment means any type of material that prevents or reduces the amount of interior light escaping outside, including, but not limited to, curtains, drapes, blinds, solar screens, nonreflective film and storm shutters.

(b)

Guidelines for existing and future lighting.

(1)

Lighting fixtures resulting from development prior to the effective date of this section and which create direct, indirect, or cumulative beach illumination shall comply with the requirements set forth in this section in order to achieve the purpose of this subsection.

(2)

During nesting season all exterior artificial light sources associated with existing development shall meet the following standards during night hours:

a.

No point source of light or any reflective surface of the light fixture shall be visible from any point on the surface of the beach.

b.

Illumination of any area of the surface of the beach, either through direct illumination, indirect illumination or cumulative illumination is discouraged.

(3)

Exterior light fixtures, associated with existing structures, that do not comply with criteria set forth in subsection (b)(2) above, shall be modified during nesting seasons with one or a combination of the options listed below as necessary to rectify situations not complying with subsection (b)(2) above:

a.

Reposition the light fixture so the point source of light or any reflective surface of the light fixture is no longer visible from the surface of the beach;

b.

Replace light fixtures having an exposed point source of light with light fixtures containing recessed, shielded, and/or louvered point sources;

c.

Replace traditional light bulbs with yellow bug light bulbs not exceeding sixty (60) watts;

d.

Replace nondirectional light fixtures with directional light fixtures that point down and away from the beach;

e.

Replace light fixtures having transparent or translucent coverings with light fixtures having opaque shields covering an arc of at least one hundred eighty (180) degrees and extending below the bottom edge of the light fixture so the point source of light is no longer visible from the surface of the beach;

f.

Replace pole lights with low-profile, low-level light fixtures so that the point source of light or any reflective surface of the light fixture is not visible from the surface of the beach;

g.

Replace incandescent, fluorescent and high intensity lighting with the lowest wattage low-pressure sodium vapor lamps possible for the specific application;

h.

Plant or improve vegetation buffers between the light fixtures and the beach to screen light from the surface of the beach;

i.

Construct a ground-level barrier to shield the light fixtures from the beach. Ground-level barriers must not interfere with marine turtle nesting, or hatchling emergence, or cause short or long term damage to the beach/dune system; and/or

j.

Temporarily remove or disable any light fixture which cannot be brought into compliance with these standards.

(4)

Security lighting and street lighting. Nothing in this section is intended to limit or discourage the use of flood lights or spot lights of any color which are controlled by detection devices specifically designed to indicate the presence or motion of a person or vehicle on the property. Any such light shall provide illumination for a period not to exceed five (5) minutes each time motion is detected by it. Security light fixtures described by this section shall not be positioned seaward of the landward toe of the primary dune (or its equivalent) but may be visible from the surface of the beach.

(5)

It is not intended that the above stated guidelines should be applied to motor vehicles.

(c)

Interior lighting.

(1)

One or more of the following measures shall be used as necessary to eliminate direct, indirect and cumulative beach illumination resulting from the interior light emanating from doors and windows within line-of-sight of the beach during nesting season in the nighttime:

a.

Rearrange lamps and other moveable light fixtures away from windows;

b.

Use window treatments to shield interior lights from the beach and, during the nesting season, draw operable coverings each night; and/or

c.

Turn off unnecessary lights.

(d)

Compliance. Violation of this section shall be punishable as provided in section 1-9 of this Code or may alternatively be enforced as provided in section 11.03.00 of the Land Development Regulations of the city.

(Ord. No. 95-17, § 2, 5-11-95; Ord. No. 96-13, § 2, 8-5-96)